Heirs to property

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Heirs to property

My father died 35 years ago. He owned 1 piece of property which has never been sold. He willed the property to his 5 children so there are 5 heirs; 2 of the 5 heirs have argued over it for 35 years without any solution. Can 1 heir petition the court to sell the property to the highest bidder on the courthouse steps?

Asked on January 30, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, when the owners of property cannot agree as to what to do with it, one or more of the owners can bring a legal action (lawsuit), traditionally called an action "for partition" (though individual states may have different names for it) seeking a court order compelling a sale, after which any proceeds (after paying any mortgage, liens, court costs, and costs of sale) would be distributed to the owners. This action would have to be filed in the state and county in which the property is located. It can be a legally and procedurally complex action; anyone wishing to do this is advised to retain a local (in that county) attorney to help.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption